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HGV driver given community sentence for running over and killing 22-year-old cyclist waiting at red light

Emma Burke Newman was a student in Glasgow, who was dragged for more than 50 metres after the lorry driver crossed a cycle space line and didn’t see her

An HGV driver who admitted to not having seen the young cyclist at a Glasgow traffic junction before he ran her over, dragging her for 53 metres and causing her death, has been sentenced to 100 hours of unpaid community work under police supervision and banned from driving for 12 months.

At the Glasgow Sheriff Court yesterday, 69-year-old Paul Mowat admitted to driving an HGV without due care and attention or without reasonable consideration for other persons using the road, when he killed Emma Burke Newman, a 22-year-old American-French student studying architecture at Glasgow School of Art, in January last year.

CCTV footage and dashcam clips which were played in court at a previous hearing showed Emma cycling to university at 10am when she approached the traffic lights at the junction of Broomielaw and Oswald Street at King George V Bridge.

The footage showed that both the HGV driver and another bus driver had moved over into the cycle space junction. Emma moved into the first lane, passing Mowat’s lorry on the nearside and waited for the lights to turn green. Mowat began moving the HGV forward, and Emma followed around two seconds later, always looking at the lorry.

However, Mowat turned left and the lorry’s bumper connected with the pannier rack of Emma’s bike, causing her to fall. She was dragged under the lorry for around 53 metres, with Mowat only realising what had happened after a driver began flashing his lights and blaring his horn.

She was rushed to the hospital, however her serious injuries meant that she lost her life there the same morning.

A previous hearing was also told that Mowat’s windscreen and mirrors were dirty and his view was obstructed by a reversing camera.

> "Society has accepted death as a cost of getting from A to B": Parents of young cyclist killed in Glasgow collision call for change

Glasgow Times reports crash investigators found that she had put herself in a vulnerable position due to her proximity to the lorry, but the driver would have been able to see her had he checked the blind spot behind his reversing camera screen.

The court heard that Mowat, whose previous driving record was “exemplary” held Emma’s hand and apologised before the ambulance arrived. Sheriff Matthew Jackson KC cited this, along with his own health issues and that that he’s the carer for his wife as “important information” that he learned later and suspected it was due to Mowat’s reluctance to speak up about the matter.

King George V Bridge, Glasgow (Google Maps)

King George V Bridge, Glasgow (Google Maps)

Gareth Reid, defending, said that Mowat gave up his job following Emma’s death, adding: “He's been a professional driver for nearly 40 years. He’s held a car licence for even longer. This is the first time he’s been involved in any road traffic matter. He’s truly sorry for what occurred. He profusely apologises to Emma’s family.”

It was also heard that the older-style HGVs, which Mowat was driving at the time, are currently being phased out and replaced with modern vehicles where the driver’s seat is positioned lower. “This is not an excuse at all, but it explains the positioning of Mr Mowat,” Reid said.

> Campaign launched for safer junctions in Glasgow after cyclist’s death – and is calling on local road users to share their experiences

After the sentencing, Emma’s parents Rose Marie Burke and John Newman told BBC Scotland’s Drivetime programme that their daughter had been an “exceptional human being”.

“She’s also compassionate - she’s one of these people if you were alone in the lunch room, she’d sit down next to you. She would take a new kid under her arm - she was just a loving person as well,” Ms Burke said.

They said they felt Glasgow was about a decade behind their home city of Paris when it came to safer cycling routes, and they hoped their calls for improvements would be their daughter's legacy.

“Traffic seems to be a little more aggressive here — it seems like you haven’t quite got used to cyclists as part of the general environment yet, but we’re hopeful that things will change,” Mr Newman said.

> Paris cycling numbers double in one year thanks to massive investment... but Telegraph writer claims city now “hell on earth”

Following Emma’s death, her parents had called for all political parties to support the adoption of “best-practice infrastructure” as well as other safety measures to better protect cyclists.

Writing in a blog post published through Pedal on Parliament, Emma’s parents said the symbolism of their daughter's death, a young rider “devoted to making cities safer and more beautiful for all”, is “terribly searing”.

The architectural practice where Emma worked also launched a campaign calling for safer junctions in Glasgow last year, calling on local cyclists, pedestrians and drivers to share their experiences and help it gather data at the locations in question.

Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.

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41 comments

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chrisonabike replied to john_smith | 8 months ago
4 likes

john_smith wrote:

It's pure dumb luck that we don't all kill people much sooner. I doubt there's a driver on the road who hasn't taken a risk or made a mistake at some time or other.

Presumably the irony is strong here, but of course it's not exactly either way.

There is a bit too much reliance on luck here - or "it's only other motor vehicles (with some protection)".  To make progress here likely requires several things.  The most draconian would be weeding out some of the worst drivers.  We treat driving like a club with an entry ritual but essentially open to all.  Perhaps some people are just not cut out for it?  Or were OK but have since declined?

Also - civil engineering / road and street design is a profession.  It's not simply about building stuff which doesn't have holes in / immediately fall apart - there's a large "human factors" part.  In the UK we already e.g. build motorways in curves with rumble strips at the edges - among many other "engineering solutions".

This is where the "Predictability" and "Forgivingness" parts of "sustainable safety" would emphasise ensuring that people's predictable risk-taking and fallibility doesn't immediately lead to them killing themselves or others.  That would involve eliminating some possibilities for error entirely, making it obvious what you should do, if possible providing feedback when you've made an error that can allow you to correct it and finally mitigate the severity of likely consequences.

Again - stuff we already do in UK road design but how we do that for "vulnerable road users" essentially involves removing them from the motor traffic.  So they lose their convenience OR safety (sometimes both).

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john_smith replied to chrisonabike | 8 months ago
0 likes

Not really irony. I was simply responding to this:

"I hate that 'it's the first time this happened' is a valid excuse to not punish dangerous driving. It's pure dumb luck he didn't kill somebody sooner, not good driving or good judgement. Prior driving record should not be a consideration in sentencing of driving. "I didn't murder anyone for 40 years before now" isn't an excuse!"

It's true that the driver was lucky not to have killed someone earlier, but the same goes for all of us. I think fwhite181 should get off his high horse before he comes a cropper, but it's his choice.

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bikes replied to john_smith | 8 months ago
5 likes

Careful driving isn't luck. This wasn't careful driving. I'm my opinion, we should hand out driving bans more readily and then people would drive more carefully.

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john_smith replied to bikes | 8 months ago
0 likes

That might be, but it's still not a reason to make pronouncements on the gentleman's driving in the past.

I have my doubts about whether handing out more bans would make people drive more carefully. People who argue for capital punishment often follow a similar kind of thinking, and there's not a lot of evidence of its validity.

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hawkinspeter replied to john_smith | 8 months ago
5 likes

john_smith wrote:

That might be, but it's still not a reason to make pronouncements on the gentleman's driving in the past.

I have my doubts about whether handing out more bans would make people drive more carefully. People who argue for capital punishment often follow a similar kind of thinking, and there's not a lot of evidence of its validity.

You've conflated two different ideas there - increasing the number of punishments vs increasing the severity of punishments. The evidence suggests that people don't really respond well to increasing the severity (e.g. capital punishment) unless they believe that they are likely to get caught. By increasing the number of punishments, drivers are more likely to think that they may get caught - especially if some of their colleagues and friends are caught. Currently, a lot of drivers use their phones whilst in control of a car precisely because they know that there's very little chance of them getting caught. This is one reason why there's so much manufactured anger directed at cyclists using cameras - it's a very effective way of catching out the phone using drivers.

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chrisonabike replied to john_smith | 8 months ago
3 likes

As HP wrote - the severity of punishment may be a factor but is often much less relevant than chance of getting caught.  (Assuming we're talking about crimes in which thought or at least social conditioning plays much part of course.)  And contrary to the folk wisdom that "they throw the book at you" in the UK the severity part is often low IMHO.

I'd agree with you in part - I suspect there's a built in (fairly low) limit on "police it better"* because costs grow rapidly, will the public accept it - and is it even wise for a democratic state to continue increasing the relative size of the police force?  However given the clear disinclination to police some road offenses (pavement driving, speeding, careless / dangerous) or police it at all in some places (Lancs, Scotland) I don't think we're that close to reaching that limit yet.

Also - even in a police state (god forbid) much comes down to an activity's social acceptability**.

I think - if we get beyond acceptance of the status quo - we'll maybe realise that laws or training are some less effective ways to make things safer.  Plus they won't make our streets nicer to be in or do much encourage more active transport.

* I've not seen numbers but suspect that for a given system of roads / vehicles / laws there is a baseline rate of death - because mass motoring (small rate of human failures which cause KSIs times a very large number of faillible, shortcut-taking humans).

In more detail that carnage will be divided between (1) a few who're almost certain to cause accidents in short order (road rage / serial unqualified drug drivers / speed demons / people not reporting their eyesight or cognition are failing etc.),  (2) "negligent / antisocial" types who might get away with things for longer (I suspect this is a larger group) and (3) the majority who will have a certain statistical chance of crashing because "indifferently trained human".  To be fair it may be that (4) "highly trained and motivated individuals" may have a lower risk also - but not many of them about...

Exactly how those contributions stack up I would like to know.  Clearly some people believe by far the biggest contribution is from group (1) (wrong'uns) - so we just need to catch 'em all somehow - and/or they just accept that from group (3) as an inevitable "cost of driving".

** Because there are always far fewer policemen than people so it's the culture of the informers e.g. people at large which is key.  Although more pervasive surveillance / automatic detection through technology may change the balance.

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bikes replied to john_smith | 8 months ago
6 likes

It's hard to get banned. Take a look at a dash cam compilation, what happens to all those drivers? Nothing. What happened to the driver who lost control of his Ferrari and drove it onto the pavement and into the bike racks in a 20mph zone? Nothing - a thumbs up from the police. There may be a lack of evidence for the effectiveness of capital punishment, but how about the evidence for the effectiveness of policing bad driving rather than doing nothing?

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Hirsute | 8 months ago
14 likes

"It was also heard that the older-style HGVs, which Mowat was driving at the time, are currently being phased out and replaced with modern vehicles where the driver’s seat is positioned lower."

Yet in the aircraft industry, the plane would have been grounded.

Road safety does not trump convenience or cost.

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chrisonabike replied to Hirsute | 8 months ago
1 like

Hmm... they're definitely better, but (as we have been reminded recently) not perfect!

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john_smith replied to Hirsute | 8 months ago
0 likes

Clearly not absolutely, since if did, there would be no motor vehicles on the roads.

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chrisonabike replied to john_smith | 8 months ago
2 likes

Well ... yeah?  Or rather - more might be e.g. on the rails.  Or the roads and vehicles would be rather different.

Some people (quite a few on here) feel that the the regulation vs. level of risk vs. ease of use calculus that we apply to operating motor vehicles is an outlier compared to other industries.  Yes - that will vary - but it's just way too casual in the case of driving.  As we've largely prioritised road freight authorities are under constant pressure from a wide number of interests to reduce the costs and ultimately regulation.

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